Wednesday, September 9, 2009

Iimplied warrenties.

Implied warrenties:

The implied warrenties ina contract of sale are as followes:

1.warrenty of qiuet possession:

In a contract of sale unless there is a contrary intention, there is an implied warrenty that the buyer shall have and enjoy quiet possession of the goods.

2.warrenty of freedom from encumbrances:

In addition to the previous warrenty, the buyer is entitled to a further warrenty that the goods are not subject to any charge or right in favour of the third party.

3.warrenty ro disclouse dangerous nature of goods:

Where a person sells goods knowing that the goods are inherently dangerous or they are likely to be dangerous to the buyer and that the buyer is ignorant of the liable of a damages.

Implied conditions and warrenties in a contract of sale may be negative or varied by

a. Express agreement between the parties.

b. The course of dealing.

c. The custom or usage of trade.

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